You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more
The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes: Section 39-1-1 - Section 39-1-1 mandates...more
North Carolina statutes permit State agencies and local governments (the "government") to use alternatives to traditional bid-build approaches to construction. Two popular options are construction manager at risk and...more
As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
On March 18, 2022, the Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to mandate that DoD provide enhanced postaward debriefings to contractors. As we...more
Assuming you have filed a timely bid protest that meets the various procedural requirements at one of the three bid protest forums – the procuring agency, the U.S. Government Accountability Office (GAO), and the U.S. Court of...more
After filing and receiving a favorable decision in a bid protest, many protesters wonder what happens as a result of a successful protest. Specifically, protesters always want to know, if I am successful in my bid protest,...more
Learning Objectives: - What are the bidding rules and where do you find them? (E.g., there are the rules in the bid/issuing agency rules, there are the local jurisdiction rules, and there are the funder rules.) -...more
In order to bring an action in any United States tribunal, a party must have “standing.” “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a...more
New York state’s budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid...more
The Florida Division of Administrative Hearings (DOAH) recently issued a bid protest decision on an important procedural issue. In Cross Constr. Servs., Inc. v. Dep’t of Transp., No. 20-4214BID, 2020 WL 7425244 (Fla. Div....more
Florida’s First District Court of Appeals recently held in State of Fla., Agency for Health Care Administration v. Best Care Assurance, LLC, 302 So. 3d 1012 (Fla. 1st DCA 2020) (“Best Care”), that a contractor who had been...more
Just as in golf swings, your follow-through in Government Accountability Office (GAO) protests can mean the difference between success and failure. And if you don’t have a solid argument to bolster your protest grounds, you...more
Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. ...more
Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains,...more
It’s not unusual for defeated protesters to feel as though the explanation for their defeat short changes their arguments. Indeed, this might be the case for every defeated protester (or intervenor, or agency)....more